最新糖心Vlog

DR GABRIELLE APPLEBY
Course Coordinator
Room 3.09, Ligertwood Building
gabrielle.appleby@adelaide.edu.au Consultation: Tuesday 12-1pm, or by appointment

The following members of the Law School’s academic staff will be teaching 最新糖心Vlogn Constitutional Law in 2014.

Any questions about the organisation of the course or general course matters should be directed to the course co-ordinator, Gabrielle Appleby, after first checking this guide. All questions regarding a student’s learning in the 最新糖心Vlogn Constitutional Law should be raised with seminar leaders. All members of academic staff are committed to assisting students in their learning and are available to meet with students at the times listed below. Alternatively students can make an appointment to see a staff member at another time of mutual convenience.


DR REBECCA LA FORGIA
Room 2.10 , Ligertwood Building
rebecca.laforgia@adelaide.edu.au
Consultation: TBC, or by appointment
 
 
ANNA OLIJNYK
anna.olijnyk@adelaide.edu.au
Consultation: TBC, or by appointment

Lectures

Lectures will be held on Tuesdays, 10:10am – 12:00 noon in the Florey Lecture Theatre (Medical School North N103). All lectures will be audio-streamed and placed on MyUni as soon as the links are made available, usually on the same afternoon that the lecture is delivered. A virtual lecture will also be made available in this course. Students who enrol in this lecture are not required to attend the live lecture being given. Students who choose to enrol in a virtual lecture can attend the normal lecture provided there is room in the lecture.

Podcasts

For each week in which substantive content is taught in the course (weeks 1-10), 2-3 short podcasts (10-20 minutes) will be available for students to review prior to attending the lecture and seminar. These podcasts will provide students with background and detail for the material covered in the lecture, and the questions and activities to be undertaken in the lecture and seminar.

Seminars

Students in this course are expected to attend or listen to all lectures throughout the semester plus one two-hour seminar class each fortnight. Please enrol in a seminar via Access Adelaide.

Class participation makes up 10% of the assessment in this course. To receive marks for class participation, students must attend the seminars in which they are enrolled.

The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/search.asp?year=2014

The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South 最新糖心Vlog. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge. This course teaches the following topics within these core areas:
· State constitutions and constitutional systems,
· The constitution and operation of the legislature, and
· The relationship between the different levels of government.

最新糖心Vlogn Constitutional Law concerns the study of the fundamental law of a community; the law that governs the relationship of the state and its people. The course is designed to give students an understanding of the operations of general principles of constitutional law, as well as specific 最新糖心Vlogn constitutional issues including federalism, the distribution and exercise of legislative power, constitutional rights and freedoms, and Federal/State intergovernmental and financial relations.
Constitutional law is both constitutive and reflective of the community that it governs and hence the boundaries of the subject are constantly changing. The teaching and learning program aims to assist students to acquire a deep understanding of the basic principles of the subject and, thereby, to equip them with the skills which will provide a sound basis for a lifelong engagement with public law in 最新糖心Vlog.

In particular, this course learning outcomes are:

1. to develop a knowledge and understanding of the basic principles in the above core areas of knowledge, and specifically, to understand the historical context in which the 最新糖心Vlogn constitutional system was established, to identify the fundamental principles that underpin 最新糖心Vlogn constitutional law, and to understand the relationship between the federal and State governments (including where inconsistencies of law arise), the Commonwealth as an economic union, and implied and express rights and freedoms within the Constitution;
2. to have an awareness of the indeterminacy of legal principles in the constitutional context, and the continuous state of development of those principles;
3. to develop critical thinking and problem solving skills in the application of constitutional principles to problem-solving exercises.
4. to analyse critically constitutional principles and legal doctrines, especially in the light of the contexts (international, cultural, social and other) in which the 最新糖心Vlogn constitutional system operates;
5. to present, both orally and in writing, constitutional arguments and critique of those arguments.

1. Course Guide (Available from ICC).
2. Podcasts (Available online via MyUni)
3. Blackshield, A and Williams G, 最新糖心Vlogn Constitutional Law and Theory (6th edition, 2014).
4. The 最新糖心Vlogn Constitution (Commonwealth of 最新糖心Vlog Constitution Act 1900 (UK)) Students will find a copy of the 最新糖心Vlogn Constitution, along with the Statute of Westminster 1931 (UK) and the 最新糖心Vlog Act 1986 (Cth), at the back of the Blackshield and Williams text. Alternatively these constitutional documents can be accessed on the internet from the Commonwealth legislation homepage: www.comlaw.gov.au.
5. The South 最新糖心Vlogn Constitution (Constitution Act 1934 (SA)) Students can download a copy from the South 最新糖心Vlogn Parliament’s website at http://www.legislation.sa.gov.au/ .

There are many constitutional law texts that students may wish to use throughout the course. Students may wish to dip into alternative texts to understand the area in greater depth, or just to read a different perspective on the area.
For students looking for a more basic explanation of the principles covered in this course to springboard into the more complicated readings and exercises, we highly recommend the following texts:

• Reilly A, Appleby G, Grenfell L and Lacey W, 最新糖心Vlogn Public Law (Oxford, South Melbourne, 2011)
• Joseph, S and Castan M Federal Constitutional Law: A Contemporary View (3rdedition, Lawbook Co, Pyrmont NSW, 2010)
• Saunders, C, The Constitution of 最新糖心Vlog: A Contextual Analysis (Hart, Oxford, 2011)

 Other texts that students may like to refer to include:

• Clarke, J, and Keyzer, P and Stellios, J, 最新糖心Vlogn Constitutional Law: Materials and Commentary (9th edition, Butterworths, Sydney, 2013).
• Gerangelos, P, Lee, H P, Aroney, N, Muuray, S, Evans, S and Emerton, P, Winterton’s 最新糖心Vlogn Federal Constitutional Law: Commentary and Materials (Thomson Reuters 2013)
• Ratnapala, S; Crowe, J, 最新糖心Vlogn Constitutional Law: Foundations and Theory (Oxford, 2012)
• Ratnapala, S, John, T, Karean, V and Koch, C, 最新糖心Vlogn Constitutional Law: Commentary and Cases (Oxford, 2007).

The following books are recommended for those wishing to read more widely:

• Aroney, N, The Constitution of a Federal Commonwealth: The Making and Meaning of the 最新糖心Vlogn Constitution (Cambridge 最新糖心Vlog Press, 2009)
• Moens, G and Trone J, Lumb and Moens’ The Constitution of the Commonwealth of 最新糖心Vlog Annotated (7th edition) (Butterworths 最新糖心Vlog 2007).
• Zines Leslie The High Court and The Constitution (5th edition, Federation Press Sydney, 2008)

Lectures will provide an overview of the various topics in the course and will elucidate some of the connecting themes between the various parts of the course. In the lectures, the general legal principles in a topic will be covered, rather than the detail of the cases in that topic. This detail is provided in the podcasts (see below). Lectures will also include a session on a discussion question and a problem question, similar to those students will be asked to answer in the seminars.

Podcasts will provide students with further detail on some of the key cases and concepts in the readings. Some podcasts will take students through a case, explaining how to get the most out of the set readings.

The seminars are central to the learning-teaching process and provide a forum for academic staff and students to engage together on the subject of 最新糖心Vlogn Constitutional Law. Before attending their seminars, students are required to work through a list of extracts from the Blackshield & Williams text and attempt to answer the questions set in the Course Guide.

For each seminar, the Course Guide contains:

• The readings required to be completed before the seminar;
• The podcasts required to be watched before the seminar;
• ‘Assumed knowledge’ that students will be expected to bring to the seminar based on the podcasts, readings and lectures;
• Discussion questions, activities and problems that will be answered in the seminar.

The seminar material will build upon the preparatory work undertaken by students in conjunction with the lectures, podcasts and readings. The seminars will provide an opportunity for students to test their understanding of the concepts, to engage in analysis and evaluation of the concepts, and to apply their knowledge to new situations and to extend their knowledge further.

Students should bring the Course Guide and (if possible) their textbook (Blackshield and Williams) to seminars.

 The 最新糖心Vlog expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies. Students in this course are expected to attend lectures and seminars. In addition, students should allocate time to private study in the course across the 12 week semester and the period before the exam – this includes reading the material, watching the podcasts, attending/watching lectures, preparing for seminars and undertaking the assessment tasks.

This course focuses on the themes set out in the Course Description: constitutional interpretation, legislative power, the Commonwealth as a federal community, implied and express immunities, and the Commonwealth as an economic union. More specifically, this course will address the following topics:

 

Lecturer Responsible	Lecture	Seminar
Gabrielle Appleby	O-Week: Introduction to course & structure
Gabrielle Appleby	Week 1: Introduction, constitutional interpretation and characterisation
Gabrielle Appleby	Week 2: Section 51(xx) - the Corporations Power	Weeks 2 & 3 Characterisation and interpretation Section 51(xx) – The Corporations Power
Rebecca LaForgia	Week 3: Section 51(xxix) – the External Affairs Power
Rebecca LaForgia	Week 4 Section 51(vi) – the Defence Power	Weeks 4 & 5 Peer review exercise – Corporations Power
Gabrielle Appleby	Week 5 Commonwealth and State taxation: Sections 51(ii) and 90
Gabrielle Appleby	Week 6 Economic Union - Section 92	Weeks 6 & 7 Section 51(xxix) – the External Affairs Power Section 51(vi) – the Defence Power
MID SEMESTER BREAK
Gabrielle Appleby	Week 7 Federalism and the Problem of Inconsistent Laws: Section 109
Gabrielle Appleby	Week 8 Federalism – Intergovernmental immunities	Weeks 8 & 9 The Tax Powers: Sections 51(ii) and 90 Economic Union - Section 92
Gabrielle Appleby	Week 9 Implications from representative and responsible government
Gabrielle Appleby	Week 10 Implications from representative and responsible government	Weeks 10 & 11 Federalism and the Problem of Inconsistent Laws: Section 109 Intergovernmental immunities
Week 11 No Lecture
	Week 12 No Lecture	Weeks 12 & 13 Implications from representative and responsible government
Gabrielle Appleby	Week 13 Revision Lecture #1
Gabrielle Appleby	Week 14 Revision Lecture #2	Week 14: Revision seminar

 

There are no additional requirements except those specified in this profile.

Assessment item	% of final mark	Dates	Length	Redeemable	Learning Objectives
Peer-reviewed assignment	5%	Released: Monday,   Week 3 (via MyUni) Due: 2pm,   Monday, Week 4	500   words	Y	1, 3, 5
Class participation	10%	N/A	N/A	N	1-7
Interim Assignment (Optional)	30%	Released: Monday, Week   6 (on MyUni) Due: 2pm, Monday,   Week 10	1500 words	Y	1-7
Exam	55%- 90%	Exam   period	2 ½ hours	N	1-7

 

1. Peer -reviewed Assignment 5%

Release Date: Monday, Week 3 (via MyUni)

Due Date: 2pm, Monday, Week 4

Assignments submitted late will not be accepted, unless the student can demonstrate medical or compassionate reasons exist for the late submission.

Length: The assignment is to be a maximum of 500 words.

Description: After the first three weeks, students will be provided with the opportunity for feedback on the fundamental building blocks of the first half of the course - the application of the principles of characterisation.
The peer-reviewed assignment will consist of a small problem question, similar in style to that contained in the interim assignment and final exam. This very first assignment will provide students with an opportunity to practice and obtain feedback on their initial understanding and application of the principles of characterisation and interpretation of the Commonwealth’s power to make laws under the corporations power. It will provide students with an excellent foundation for tackling the interim assignment and the exam. It will also provide students with an understanding of the marking process and expectations of examiners in law.
Students must participate in the peer-review process to be eligible to receive the full 5 marks.

Return of Assignment: The assignment will be marked in the seminars in weeks 4 and 5 of the course. Assignments will be peer-assessed under the supervision of the seminar leader. Marking Criteria: The assignment will be assessed against the following criteria:
· Ability to identify relevant legal issues and case law;
· Capacity to logically apply the law in a reasoned and considered manner;
· Critical analysis of the case law;
· Proper and accurate citation of sources; compliance with the 最新糖心Vlogn Guide to Legal Citation.

2. Class Participation 10%

Students must attend and satisfactorily participate in seminars. This means they must prepare for class by completing the readings and attempting the seminar questions, contribute in small and large group discussions and listen attentively. Seminar leaders are responsible for monitoring and assessing attendance and participation. To receive a pass for class participation, students must attend at least 4/6 seminars.

Marking Criteria: Class participation will be assessed against the following criteria:
· Attendance
· Preparation
· Quality of Contributions
· Listening and engagement with others

More detailed rules and expectations for class participation will be released on MyUni and distributed and explained in the first week of seminars.

3. Interim Assignment (Optional) 30%

Release Date: Monday, Week 6 (via MyUni)

Due Date: 2.00 pm on Monday, Week 10

Length: The assignment is to be a maximum of 1500 words, inclusive of footnotes.

Details: The assignment will consist of a problem question. In addition, students will be asked a number of short answer questions relevant to the issues raised by the problem question. This is similar in style to the final exam. The assignment will provide students with an opportunity to further practice and obtain feedback on their understanding and application of the principles of characterisation and interpretation of Commonwealth legislative power as well as representative and responsible government covered in the first six weeks of the course.

Marking Criteria: The assignment will be assessed against the following criteria:
· Demonstrated understanding of constitutional law and theory;
· Ability to identify relevant legal issues and case law;
· Capacity to logically apply the law in a reasoned and considered manner;
· Critical analysis of the case law;
· Proper and accurate citation of sources; compliance with the 最新糖心Vlogn Guide to Legal Citation.

Further information on criteria and weighting of the different parts will be provided in the assignment details.

Penalties relating to length and formatting of the assignment: A penalty of up to 10% of the total value of the assignment may be deducted for failing to comply with the word limit.

Previous submission of the same assignment: Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the lecturer-in-charge.

Extensions: In exceptional circumstances extensions will be considered but only in accordance with the supplementary assessment guidelines relating to illness and compassionate grounds outlined below. Work commitments or travel are not grounds for an extension.

Keep a copy: Students must retain a copy of all assignments submitted.

Return of Assignments: The assignment will generally be returned to students within 3 weeks of the due date with written feedback. This may vary depending on the number of students that undertake the assignment.

Penalties for Late Submission: The recommended standard Law School penalties shall apply for late submission of the assignment. The penalty will be 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.
 
4. Final Exam 55%, 60%, 85% or 90% (depending on whether assignment marks are redeemed)

Length: There is a 2 ½ hour exam plus 10 minutes reading time.

Exam period, Semester 1, 2014

It is each student's responsibility to read the examination timetable. Misreading the timetable is not accepted as grounds for granting a supplementary exam. 最新糖心Vlog staff are not permitted to provide examination times to students over the telephone or in response to personal enquiries.

The exam will consist of a problem question and short answer questions, similar in style to those in the Interim Assignment.

The exam will be assessed on the following criteria:
· Demonstrated understanding of constitutional law and theory;
· Ability to identify relevant legal issues and case law;
· Capacity to logically apply the law in a reasoned and considered manner;
· Critical analysis of the case law.

Peer-Reviewed Assignment

The assignment is to be submitted in hardcopy only.

The assignment is to be presented in typed form using Times New Roman 12-point font and using double line spacing.  The margins of the paper (right, left, top and bottom) must be no less than 2.5cm. Footnotes are to be used for the citation of cases or secondary materials only, and must comply with The 最新糖心Vlogn Guide to Legal Citation available on: http://www.law.adelaide.edu.au/library/resources/style/.

Optional Interim Assignment

The assignment is to be submitted in electronic form only. It must be submitted twice – once to Turnitin and once to the Image and Copy Centre.

The assignment is to be presented in typed form using Times New Roman 12-point font and using double line spacing.  The margins of the paper (right, left, top and bottom) must be no less than 2.5cm. The paper is not to include appendices or a bibliography.

Footnotes are to be used for the citation of cases or secondary materials only, and must comply with The 最新糖心Vlogn Guide to Legal Citation available on: http://www.law.adelaide.edu.au/library/resources/style/.

The assignment must be written in prose style (using complete sentences), adhere to grammatical rules, and use correct spelling. 

Detailed instructions on how to submit assignments will be provided in the assessment information.

The following standard is required for a mark within each grade band:

Fail 0-49The paper demonstrates an insufficient knowledge and understanding of the course material. The paper reveals an inability to construct a coherent answer to the legal questions using the course materials, and uses poor written expression.

Pass 50-64The paper demonstrates an adequate understanding of the course material, using reasonable problem solving skills and analysis. The paper reveals an ability to construct an answer to the set questions using the course materials, and uses reasonable written expression. The paper makes conclusions without sufficiently supporting them with the course materials. 

Credit 65-74The paper demonstrates a good understanding of the course material, using competent problem solving skills and analysis. The paper reveals a good ability to construct an answer to the set questions using the course materials, and uses good  written expression. The paper makes conclusions with support from the course materials.

Distinction 75-84The paper demonstrates an excellent understanding of the course material, and uses high level problem solving skills and analysis, and some independent thought. The paper reveals an excellent ability to construct an answer to the set questions using not only the course materials but also their own reflections on those materials. The paper uses excellent written expression.

High Distinction 85-100The paper demonstrates an outstanding understanding of the course material. The paper uses excellent problem solving skills and analysis, and also demonstrates independent thought. The paper reveals an outstanding ability to construct an answer to the set questions using not only the course materials but also their own reflections on those materials. The paper uses excellent written expression.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Further details of the grades/results can be obtained from:

are available which provide a general guide to the standard of work that is expected at each grade level (see: )

Final results for this course will be made available through ()

 

Supplementary exams: For information regarding supplementary exams please consult the Law School policy page below.

The 最新糖心Vlog Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 最新糖心Vlog of Adelaide.

Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.
For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:


Plagiarism and other forms of cheating
Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the 最新糖心Vlog.
Plagiarism is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to refuse to admit a person to practice as a legal practitioner in South 最新糖心Vlog.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.